I have wondered about the enforceability of these clauses in commercial contracts.
Agreed.
But even before enforceablilty, there are questions of how practical it is for a private person (or a small business) in, say Australia,
to even bring an action in Ireland, or Delaware, or even Hong Kong, let alone in, say Ecuador or Estonia.
The burden is on the defendant to show that the Australian court in which the plaintiff has commenced proceedings is a ‘clearly inappropriate forum’.
Yes.
You might, for example, see this as part of a respondent's/ defendant's
application for summary dismissal for want of jurisdiction.
But only if the respondent/ defendant is even legally present in the originating jurisdiction,
and capable of being made a party.